zuckerberg who is 26 and worth $7 billion. >> the news begins anew. in box one, it is obvious, we are declaring emergency. >> an emergency on a delta flight. you can see what happened inside. that is a look out the window because of a cell phone. the men who shot this video will be live in studio b. box two, the richest people in england and the owner of the company that makes the segway after riding it off a cliff. and a new study reveals how much more we pay to fly. and wait until you hear how much more. and where. that's all to come unless breaking news changing everything on studio b. but, first from fox at 3:00 in new york, eavesdropping online,

the white house is seeking to expand the ability of the government to intercept e-mail and conversations on the internet according to the report of "new york times" and as you know the feds have been able to wiretap phone lines and you remember warrantless wiretapping, the controversial policy that started after 9/11 under the bush administration. but following folks online is said to be considerably more difficult because the informationst not flow through a central hub like the phone company. now federal law enforcement reportedly want to online communication platform, all to have some kind of technological back door including blackberries and skype and facebook and all in the name of keeping track of the bad guys. and now, what, exactly, are the

feds proposing? >>reporter: we have the legal authority to access the information they are saying but they do not have the infrastructure in place. companies cannot always give us what we look for so these are the proposals we understand threated in a bill that could come from the white house, be drafted there and get to capitol hill next year. service providers have to unscramble messages. and foreign-based providers could be required to have an office in the u.s. to be capable of performing intercepts into communication. and developers' software that have to redesign service to allow interception. all about being able to get to the information if there is a warrant in place. >>shepard: that puts the burden on the companies. how do they react? >>reporter: there is concern. something that leaders at research in motion, the company behind blackberry have faced this in other countries and it could be something they have to face in the united states. one company's c.e.o.'s says the security we offer is one of our

selling points, and we do not have a master feed to turn it off and they said they would work with lawful government requests but not dismantle the security architecture. >>shepard: any chance law enforcement will accept that explanation? >>reporter: they say we understand your concerns. it will be an expense. but bottom line we are trying to keep up with terrorists who use the internet to communicate. here is a quote from the general counsel of the f.b.i.: "no one should promise customers they will thumb their nose at a court order. they can figure out how to provide us plain text." >>shepard: thank you. a couple of missions to report from afghanistan. first, to the southern afghanistan where marines are moving across dry rocky ter rain as militants open fire.

look at this. there is a compound here to the southeast of us. come on. come on. all right. hit that compound. that compound there. that is to the west. boom, boom, boom, boom. (machine gunfire). >> you guys have to support your selfs for a minute. >>shepard: this is done 100

miles from where u.s. troops have launched another major offensive. the mission they say is to seize the area, the birthplace and the heartland of the taliban. and our correspondent is streaming live from afghanistan. analysts say a win here is crucial to the president's strategy. >>reporter: commanders have said the war cannot be won in afghanistan unless insurgency is defeated in this area here in afghanistan. and now the taliban, this is the home and an important base of operations for the taliban across southern afghanistan and they use this city to supply weapons to insurgeons in places like eastern afghanistan. it is a very violent and nasty place to fight but defeating the taliban there will be no easy task. when president obama sent

additional troops to afghanistan the bulk of the 30,000 want straight to this area, that is how important it is and how violent and nasty a fight it is. talking to the u.s. commanders and politicians, they will tell you that is the one place that keeps them awake at night, a big concern. over the next few weeks and months we will get a sense of how the strategy is progressing based on the results in the imrowpdz right here. >> thank you from afghanistan, like. a disturbing confession on video, the centerpiece, really, of a military hearing. a u.s. soldier describes the random murder of innocent afghans killed for fun. so his one of five charged with premeditated murder. the case includes allegations of wide-spread drug use, the collection of body parts, and photographs of u.s. soldiers holding the afghanistan bodies as if they were trophies.

the 22-year-old corporal describes on a video made by the military investigators how the units "crazy sergeant randomly chose three unarmed innocent victims," and quote the commander saying "whack this guy, kill this guy, kill this guy." the investigators say "did you see him present any weapons, was he aggressive," and he responds "not at all, nothing, he was not a threat." the corporal's lawyer says that his client made the confession at a time when he was taking heavy medication. the confession part of article iii 2 hearing, the military equal to a grand jury hearing scheduled for today in washington state. a weather alert. days of rain in the midwest causing massive flooding in several states. emergency officials in wisconsin keeping close watch open a 14-mile long levee along the wisconsin river.

it is barely holding now according to officials. they are reporting it started to fail. that could affect thousands of residents. our meteorologist has the news from the weather center today. what is going on? >>reporter: we are dealing with five to seven days of very nice weather including wisconsin and minnesota. that is the river that we are concerned about in wisconsin, or the levee. you can see at 20.47' and the record was 20.59' and we will see the river recede starting tomorrow but it will take at least a week for it to get back to its normal bank. the rainfall, shepard, incredible, over 10" in many places. and some of this moisture is associated with hurricane karl that landed over a week ago. >>shepard: a lot of rain where

we are. >>reporter: this is the same system or part of the same system that brought the moisture to the upper midwest and you can see anywhere from new england to the southeast, heavy rainfall. unfortunately, severe weather today, we had early report of tornado outside of baltimore. you cannot see the warning but outside of charlotte tornado warning for self counties in north carolina and upstate south carolina. so, unfortunately, we will still have threat of flooding in the east coast and the threat of tornados. >>shepard: the powers that be in washington, dc, are talking about small business and what will help them if the bush tax breaks expire as law says they should. stay tuned.

terrain, ter

>>shepard: president obama sign add $42 billion bill designed to help millions of struggling small business

owners. according to the president the legislation is to provide tax breaks, waive certain fees and make it easy for small businesses to start borrowing money again. the president says some $30 billion will go to banks so they can get the credit flowing. today, president obama explained why he thinks this is so critical right now. >> along with the middle-class small businesses have taken the brunt of the recession. they, you, were hit by one-two punch. the downturn has meant people are spending less so there is less demand; and the financial crisis made it difficult for small businesses to get loans. but republicans claim the democrats have not done enough and call this plan another taxpayer bailout. with us now the south carolina republican senator graham. another taxpayer bailout. how so? >>guest: the people who

oversaw the tarp program, this bill with a $30 billion pot of money will create a moral hazard because if i am lending money that you gave me i may not oversee it as much as if i owned the money myself. so they believe we are going to create a $30 billion pot of money that could be length to a risky way. you know, it is $30 billion pot of federal money, the federal government will back up the loans, and fannie mae and freddie mac, you give loans to people who could not pay back because it was not your money and the federal government was on the hook so people overseeing tarp say this is full of moral hazard. >>shepard: we her the president's take on this and the reasons for why. help us understand the opposition's take on this and what should be done instead. >>guest: there are good things, regulatory reform, tax cuts targeted for small business but the $30 billion pot of money is a philosophical debate,

should the federal government set up a fund to be loaned to the private sector when there is not much risk. that is why we are in the mess to begin with. republicans we ought to cut taxes across the board and keep the bush tax cuts in place and the best way to help small business help the economy in general, do not raise tax rates on anyone right now and that is a better approach that what the president is choosing. >>shepard: looking through the bush tax cuts which are designed to expire and will at the end of the year, actually everyone does still get the taxes to remain at this level but everything over your first $250,000 is taxed at 3 percent rather than 35 percent so much in america who pays taxes gets to continue at this rate, is that right? egg no, 750,000 small businesses will be affected by these taxes on income over $250,000, and the

tax breaks for owning stock, go up, capital gains rates are designed to go up so if you make it harder to do business properties there will be less jobs. can you not separate tax policy from job creation and the president, it is good to lend to small business but not good for the federal government to set up another tarp program that will mess up the market. we should extend the tax cuts and make sure business knows in two years what the tax rate will be so they will get off the side line and invest capital. they are uncertain what to do for the end of the year. if the president wants to jump start the economy and announce he will extend the tax cuts. >>shepard: economists have said it is a lack of certainty that is causing trouble. >>guest: what does the health care bill mean if you employ over 50 people? what are the mandates? what kind of liability do you

have by to, by 2014. right now, america is frozen in terms of investment. we need a pathway forward on energy and when it comes to knowing our tax liability. and until we get this election behind us, we will not have that certainty. i predict there will be a breakthrough where democrats and republicans extend the tax cuts for a couple of years to give certainty to the economy. >>shepard: and i bet they do it because who wants to say we are going to raise taxes because the truth the party that is in power has lost control of the narrative, so no matter what happens we get nothing done environment it is your side that has the narrative and they lost that battle. there is no question. >>guest: it does not home you get religion as long as you get it. there will be religion on taxes because democrats have opposed it and they will be beat and those up in 2012 will get

religion on extending taxes. >>shepard: great to see you. now the passengers on the delta flight. the pilots were trying to land a plane because the landing gear was broken and a cell phone video shows it all. stay down. stay down. stay down. stay down. stay down. stay down. stay down. stay down. >>shepard: the flight tanant -- attendant was shouting instructions. stay tuned. [ male announcer ] this is rachel, a busy mom.

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>>shepard: and cell phone video shows the tense situation on a delta flight. the pilots tried to land the

plane without the landing gear. it is clear from the sparks flying how serious this situation was. sparks and flames horrified the passengers saw on the delta airlines flight operated by atlantic southeast airlines. the plane's wings scraped the runway. the flight attendant gave urgent instructions. stay down. stay down. stay down. >> it is frightening to hear the woman, the flight attendant "head down, head down," that gets me shaky. >> the 26-year-old took the video, one of 60 passengers flying from atlanta to the airport weapon the landing gee malfunctioned. we obligated the audio transmission between the pilot and control tower. >> we will proceed over to john f. kennedy and ask you for an emergency landing and if it is not obvious, i want to confirm we declaring an emergency.

>> we understand you have right gear stuck. >> it is stuck-up. the other two are down. >> whole plane was doing their prayers and both flight attendants, the male was saying, reading off the protocol of the security measures and everyone was getting nervous, what do we do? what will happen? >> the pilot began to lower he started taping from the cell, the cabin was silent. >> well, almost. >> stay down. stay down. stay down. >> here is the reaction open board when it touched down. everyone was hugging each other, the pilot comes out we are hugging him and shaking his hand and it's, it will change people. >> and a woman knows here tears tonight could be for a different reason. >> he called but he did not make it sound as scary but seeing that little footage was ...

>>shepard: it was difficult to look at for a mother. we are told 65 on board shaken, not stirred, not hurt. more reaction, the two guys that two the cell phone video. the man would you just saw on the left, and chase, who was there next to him and took video. they have nope each other for a while and they live in white plains. "stay down, stay down." did that make you federal vows? >> yes. yes. that was frightening. when she was screaming but she did what she lad to do. >> that is what she was taught to do i am sure. i get it that is what i do, when there is wireness on the plane i get it out but what made you guys do this in the middle of what was a scary thing?

>>guest: we looked at each other and said, this could be it for us, so let's film it. i don't ... >>guest: i wanted to send a text to my girlfriend, i love you, tell my friends i love them we have a problem with the landing gear and i tried to send it and it would not send and i have the thing and i said let's record what we can while trying to keep ourselves safe and i told my friend, let's record. >>shepard: i know you are staying down. >> we are kind of, he was more brave. >> looking over and had the camera to the window. i guess you knew, the landing gear on one side was woulding and the other side malfunctioned and you knew it was out your window. what did they tell you before "stay down, stay down." >> they said that the landing gear is malfunctioning and later

on, they stated that it was the right side so i am looking at chase like, that is my side. i thought it would be belly and they just said "landing gear," so i thought all of them and we would hit water or belly flop. >>shepard: you did not know part of it was okay. >>guest: that came out later. >>shepard: you are on the final approach, you went to john f. kennedy because the facility at john f. kennedy, the runways are bigger, more emergency equipment, a safer place to do something that is not perfect. as you come in for landing at john f. kennedy you saw emergency vehicles in the distance? >>guest: we did not see anything until we got off and there were 40, 3 to 40 police cars and men in uniform, all over. >>shepard: do you remember when the touch down happen, you feel the wheel hit? >>guest: the pilot landed smoothly on the back left wheel and the front wheel and we are still almost flying although we

are open the wheels and they tried to slow it down and he is on the right wing scraping the whole way and we did not spin or flip so it was smooth. helpship you were holding the camera, could you see out the window? did you realize the sparks happend? >>guest: i saw it all. i wanted to stay down but i couldn't. >>shepard: were you surprised? if i saw the sparks coming off the wing, i might have been wigged out. >>guest: there is the possibility of more destruction and was not thinking about that but, we are landed, on the ground and it want out. it happened so fast when the sparks went out everyone was looking and and started cheering and it was elation. >>shepard: i guess you talked to the girlfriend?

>>guest: yes, yes. have not seen her yet, she is traveling but it has been intense but we are getting all kinds of facebook friends saying "we are glad to have you here." helpship how is mom? >>guest: good. >>shepard: and the pilot? you think highly of him. >>guest: the quote is there, he is our sully. our sully. he did an amazing job and everyone went according to the way they practice. they prepare for this kind of stuff. >>shepard: glad you guys are good. thank you for coming by. probably time for a beer. egg i think so. we are pooped. >>shepard: years of speculation surrounding the leadership of north korea and kim chong-il and we ought to get answers, the state-sponsored news agency just reported a very big announcement regarding kim chong-il's son, so recent that i

don't know what it is. stay tuned. mmmmmm. mmmmmm. wow! you have got to be kidding me.

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>>shepard: it is 3:30 and time for the top of the news. the secret north korean regime promises something historic tomorrow with the biggest party meeting in 44 years amid speculation that the leader, kim chong-il, could name his successor. intelligence appear lists say that kim chong-il has been

struggling with a medical condition, possibly a recent stroke, and he is 68. but now kim chong-il is believed to be preparing his youngest son to take over power. there are no recent pictures of the son so we don't know what he looks like or how old he is, somewhere around 27, and state media has reported that kim chong-il has just named his son a military general. he has no military experience but they have called him "the general," anyway. the meeting will be something like a gathering in 1980 when the first leader announced that kim chong-il would be the successor. with us now is the chair at the strategic international studies part of a think tank. he is expected to be the start of a dynasty process but i'm not sure what will change.

>>reporter: it is a good point. i don't think a lot will change. this, if this is what the reports are saying, it will be the third in the kim family to take over since the establishment of the country in 1948 and as your story said, he is 27, he has no real experience. and the only picture we really have of him is one from when he was eight years old. so it is unprecedented in international relations that you have this situation. >>shepard: no one in power or when the government or the news agency has ever used his name until ten minutes ago. >>guest: analysts have talked of him, the youngest of the three sons; but they have not talked about him much. the latest news is that he has been appointed to be a four-star general in the north korean military which puts him in a position to take over for his father when the time comes. >>shepard: the ruling workers party gets together and their

first meeting in 44 years, and what do we expect they will do? >>guest: they have only had this meeting three times, in 1963 they named the successor, and in 1980 and now this time. we will see a bunch of appointments, some military, and some party, that will consolidate the leadership as kim chong-il would like for when he is ready to step down and it centers around his son we have been talking about, his sister, a younger sister and his brother-in-law. these are three people in the immediate circle of the family that run the country. >>shepard: people do not have good jobs and the poverty level is extremely high, and i guess now there are some analyst whose have concern that the military could be in some sort of disarray as a result of this and i am sure that is what they are trying to avoid.

>>guest: this is unprecedented. the only industrialized society in modern history that has suffered a famine because of economic mismanagement not because they don't have the resources. and they have bad food shortages moscow and the situation is getting worse. the military is the only organized institution in the entire country. the only one organized and has instruments of force. they must be kept happy and fed otherwise the regime has a problem. the situation is getting bad enough now they have concerns about being able to hold it together particularly as the far is sick and the son is in experienced. >>shepard: there is the matter of the nuclear weapons. do we understand the procedures by which those are taken care of and protected from someone would might flip a switch? >>guest: i don't think we have a good understanding of the

chain of command for the nuclear capability and weapons. if they are deliverable. we don't have a good sense of that. i don't think their policy will change much in a transition from the father to the son. largely because it is a system that creates this leadership. it is difficult to imagine an enlightened person such as this. >>shepard: how is it in possible in the year 2010 we do not know a dam thing about this man about to take power. we don't know his activities or schooling, nothing. >>guest: it is a hard target for intelligence and in large part because the regime has been so secretive. it is frightening, a country that is potentially the newest nuclear weapon state and we do not have an adult picture of the next leader of the country. it is quite astounding. >>shepard: thank you, victor.

this should be fascinating. a powerful computer bug hit iran's computer program. it may not have been appear accident and the people who run the nuclear facility whose computers have been targeted. stay tuned.

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♪ ♪ ♪ ♪ [ male announcer ] at&t and blackberry have teamed up to keep your business moving. introducing the blackberry torch. at&t. rethink possible. >>shepard: the owner of the company that makes the segway scooter is dead after reported accident on a segway scooter. authorities in great britain report the businessman jimi heselden rolled the machine off a cliff near his house in england, a drop of 30' to the river. jimi heselden bought the company

if january of this year. police are not reporting any foul play in the death. more on the story in the headline at foxnews.com. >> in iran a commuter worm is now said to affect the personal computers at the first nuclear power station, a plant at the center of an international stand off with iran. the attack happened the nuclear complex and we are told this computer code is capable of taking over entire computer systems. so far the origin is "unknown." but speakers say this was not the work of a hacker at all. but, rather, a government with lots of money and techno how. jennifer, wonder would that might be? what are they saying? >>reporter: the pentagon does not comment on this which shows

how important it is. we do know it is u.s. policy not to use a cyber weapon in a first strike capability of the security firm has said that this worm has essentially struck most in iran 60 percent of the cases have been on iranian facilities and the iranians say that it slowed down their equipment at the main facility. >>shepard: pentagon is not commenting. do we have appear idea of who is behind it? >>reporter: look who benefits. all eyes according to sources i have spoken to, are on israel, because israel obviously has the most to gain from an attack like this. it came through a german software company and the software was sold to iran and it went through germany and that software is used to control the industrial facilities. that's how the worm got into the system. >>shepard: thank you from the

pentagon, jennifer. if you think flying has become more expensive the last year, you are right. it is not the cost of the ticket but all the fees they add up and they add up quickly. wait until you hear how much money the airline industry has made off of those fees. it's the airlines "fee for all." but sad news in football, moms ago we got word that the hall of fame quaterback george blanda has died paying 26 seasons with three teams. stay tuned. ♪

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they are going to buy the small are rival, air tran for $1.4 billion. and what this does is gives southwest a shot at the east coast, specifically, atlanta and smaller marks it does not serve. because you are going through atlanta now you can get into new york and boston and south florida through atlanta and that means big money for this carrier. analysts say the deal could lead to an increase in the price of tickets because the leading low cost carriers are no longer competing. this deal comes a week after shareholders approve a messager between united and continental making the largest early in all the world. usa today newspaper studying air fares and reports what you already knew: we pay a lot more to fly. a whole lot more. the newspaper analyzed ticket prices from june and we are paying 50 percent more in

airline fees. if you wonder what is to blame the airlines brought in total $893 million in baggage fees alone. most airlines now charge about $25 average for the first bag, some charging up to $300 for a ticket change. with us now is the c.e.o. of a www.farecompare.com and everyone feels this. you might get a ticket for $300 but you end up paying $800 if you have to change it. it is out-of-control. >> you do not want to change your ticket. you pay the change fee and the last minute price so tack on another $300 or $400. >>shepard: people hope that the ability for same day stand by so you do not have to change the ticket you can fly on a different flight but you have to

be a special customer. >>guest: american recently charged a fee, of course are but for $50 you can get confirmed, stand by, and change your flight as many times as you want and they beltway that. >>shepard: that sounds valid. tell us of the rest of the fees and thousand they add up for the airlines. >>guest: last year, all fees combined for domestic flights under $8 billion; there year close to $9 billion. fees are not going to go away. you have southwest acquiring air trap, and southwest does not have bag fees or change fees so we have one airline soon to have no fees. >>shepard: that is the most anding merger for me recently. what has happened in the past air tran has followed delta's route. if you want to go from new york to miami and do not want to pay as much as delta you can go on air tran if you can deal with

it. >>guest: if you connect through atlanta you can go anywhere on air tran so you have, with southwest, a strong foothold in the southeast corridor. they got slots in newark because of the united continental deal and they will get more slots at that guardia so southwest has a nice presence on the east coast. >>shepard: and air tran goes into memphis but southwest does not. air tran goes into la guardia, all over atlanta, and down in florida where southwest is not, will be use the new southwest to get all those places? >>guest: absolutely. both airlines service 70 cities and combine they will service over 100 cities. and some of the southwest customers now get cities outside the u.s., including caribbean cities. >>shepard: most of their routes did not overlap, air tran

and southwest, so southwest has bought is a bunch of new routes and since there is no competition if the cost of that is going to go up and it will be like delta or the new united. >>guest: the real significant everlap they had was in baltimore and orlando and milwaukee so this is a combination of airlines that will be adding more cities. typical legacy airline would have over 200 cities it services and this combined low cost airline would be over 100. great news for travelers on both sides for low-cost travel for a few small routes probably we will see higher prices for a few people. >>shepard: on the east coast, more access. great to see you. flying. senator john mccain upset conservative voters when he backed immigration reform and the through was a headache as he fought off a primary challenger. now he is campaigning against a

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>>shepard: the immigration law in arizona triggered a debate in the nation but a poll finds the majority of registered voters in texas support it. texas shares a border with mexico. 53 percent told dallas morning news that police should have to verify the immigration status of people they have stopped for other crimes even if that could lead to racial profiling. seriously? 38 percent were against it. the rest either unsure or refused to answer. trace has the news. this is a big campaign issue for folks in border states.

this weekend, the senate candidate john mccain made it clear he is still, this is his number one issue. >>reporter: yes, the debate with the democratic challenger he touched on health care, touched on the economy, but the immigration debate if arizona is still red hot, top, one and john mccain says it is a human rights issue for one reason: hundreds under up dying because they have no protection from the sun and he said this is a national security issue. >> 17 percent, according to the sheriff, of the county, of those who cross our border have committed crimes previously in this country. that is not acceptable. >>reporter: he wants more law enforcement along the border and he wants them to build more fence along the southern border. >>shepard: the challenger in the race is a man named rodney

glassman. >>reporter: he is the vice mayor of tuscon and the big battle is he is a democrat running in a red state and his name recognition is low. his poll numbers are low according to the poll he has a double digit, well, john mccain has a double dig it lead and glassman says john mccain hamers immigration because it does one thing: gets him reelected. >> the key to securing the bodier is to have a u.s. senator for arizona focused on securing our border not just talking. >>reporter: he supports a path to legalized those who are already here. >>shepard: thank you, trace, from los angeles. next, stun guns and wet pontiac. stay tuned.

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>>shepard: police in only report that they responded to a call of domestic violence but they got there and the suspect did not run or surrender he dumped a bucket of paint on his head and warned the officers if they used the taser the shock would kill him. he read that. police toll the guy he would wrong. and a scuffle broke out the cops gave him the business. it items out the theory was not